FOREWORD

Electoral offices – as parts of the Mayor’s Offices – are organs carrying out state functions pertaining to the preparation, organisation and conducting of elections; to the unbiased informing of voters, candidates and nominating organisations; to the handling of election data, the creation of required technical conditions; and to the monitoring of the existence of legal conditions and conformation to professional rules. There are active electoral offices adjacent to each electoral committee.

Accordingly there is a local electoral office (LEO - HVI in Hungarian) in every settlement, a territorial electoral office (TEO - TVI) in every county and the National Electoral Office (NEO - OVI) at the national level that operates throughout the municipal government elections.

One member of each local electoral office works as the minute taker beside the polling station committees.

The settlement notary heads the LEO, while the county head-notary directs the TEO. The Minister of the Interior appoints the chief of the NEO. The chief of the respective office appoints the members of the electoral offices. The greater part of members are public officers and civil servants of the local Mayor’s Offices and those of the Offices of the County Assembly. Those of the National Electoral Office are associates of the Ministry of Interior and the Central Registration and Election Office: lawyers, administration organisers, IT specialists, officials and administrators.

The electoral offices fulfil the administrative, data management and technical tasks required for the continuous operation of electoral committees:

• they carry out organisation tasks pertaining to the preparation and conducting of elections;
• they carry out information tasks;
• they ensure the material and technical conditions for the conducting of elections;
• they carry out the secretarial tasks of electoral committees;
• they prepare cases falling under the competence of electoral committees for decision making;
• they provide for the handling and safekeeping of election documents, as well as their forwarding to the archives, or destruction;
• they establish the election information services to aid the operation of the electoral offices.

Information may be requested from electoral offices during their office hours about questions related to the legal, administrative and technical aspects of the election. The electoral offices also provide information to those interested about data provision possibilities connected to the elections.

The LEO and the NEO can be reached personally, by telephone, or mail at the Mayor’s Offices, while the TEO can be reached at the Offices of the County Assemblies. The offices support the informing of those interested by setting up their election information service (ELISE - VISZ).

The National Electoral Office (NEO - OVI) is located within the
Central Registration and Election Office, at
Páfrány u.9., in the 2^nd District of Budapest.
(Mailing address: 1450 Budapest, Pf: 81.).
Phone: +(36-1) 391-3647, Fax: + (36-1) 391-3648.

The National Electoral Office operates an Election Information Service (ELISE
– VISZ in Hungarian – henceforth).

ELISE considers the informing of voters; parties, nominating organisations and interested parties from Hungary and abroad in legal issues to be its basic task, but also provides information to citizens in any other election related question.

Question asked on the telephone, by fax, e-mail, or in letters will be answered immediately if possible, or within 1 to 3 days of their receipt.

ELISE carries the complete “Electoral Guidelines” series, and the official forms required for the notification of candidacy are also available.

The Election Information Service is open between:
8.30 AM to 4.30 PM Monday to Thursday, and
between 8.30 AM and 2.00 PM on Friday.

On the day of election the National Electoral Office operates the National Election Centre (OVK) at the Duna Palace of the Ministry of Interior. This is the venue where the National Electoral Committee (NEC - OVB in Hungarian) and the National Electoral Office receives representatives of the Hungarian and international press, election experts from abroad and locals who are interested on, and also on the days prior and following the day of balloting. (Budapest, 5^th District, Zrínyi u. 5.).

At 12 PM noon on Friday, October 16, 1998. the representatives of NEO and NEC will hold a press conference, reporting on the most important things to know about the election of municipal government representatives, this will also be the time for the introductory tour of the National Election Centre.

At 12 PM noon on Saturday, October 17, a briefing on the most important things to know about the elections will be held at the same venue for international observers and the international press.

More than 30 computer terminals will be set up on election day in the National Election Centre to help inform the press, nominating organisations and interested voters. The informative terminals can be used to view the development of voter turnout figures, the status and data of candidates, nominating organisations and also those of vote counting.

An election exhibition and other programmes also await visitors to the OVK.

Electoral committees are the independent organs of the voters, subordinated exclusively to the law, whose primary task is to determine election results, ensure the fairness and legality of the election, enforce impartiality and, if required, restore the legal order of the election.

The following electoral committees are in operation during the election of municipal government representatives and mayors:

• vote counting boards (RB - SZSZB in Hungarian) in approximately 11 000 polling stations,
• a local electoral committee (LEC - HVB in Hungarian) in every settlement,
• a territorial/capital electoral committee (TEC - TVB in Hungarian) in each of the 20 territorial constituencies (19 counties and the capital city),
• the National Electoral Committee (NEC) at the national level.

Electoral committees are comprised of elected members on the one hand, and delegated members on the other, who are appointed by nominating organisations that have forwarded a candidate, as well as independent candidates.

Elected members of the local electoral committees shall be elected by August 28, 1998 by the competent representative body of the municipal government. The elected members of the vote counting boards, territorial electoral committee and those of the National Electoral Committee will have been elected prior to the Parliamentary elections. The rights and obligations of elected and delegated members are identical.

Members of the electoral committee – including delegated members – shall be exempt of their obligation to work, as provided for in the law, on the day following the election, and for this time they shall be entitled to the average wage, which is to be paid by their employer.

One further member each of the electoral committees – above the elected members – is appointed by the nominating organisation that has forwarded a candidate, or a list in the constituency, as well as by the independent candidate. Organisations forwarding a common candidate or list may delegate one member mutually to the electoral committee according to the forwarded list. Accordingly a delegate member may be appointed

• to the RB by the nominating organisation forwarding an individual candidate, mayoral candidate, minority candidate and county list, as well as by the independent candidate,
• to the LEC by the nominating organisation forwarding an individual candidate, mayoral candidate, and minority candidate, as well as by the independent candidate,
• to the TEC by the nominating organisation forwarding a county list in the county.

The composition of the NEC is identical to that established after the election of parliamentary representatives.

The mandate of the delegated members of the electoral committee is terminated upon the publication of the final election results – with the exception of the National Electoral Committee. (The mandate of the members of the National Electoral Committee delegated by parties creating a fraction at the forming session of Parliament – by the right of having forwarded a national list – shall last until the forming session of the NEC set up for the next general election of the members of Parliament, or until the party fraction is disbanded.)

The mandate of an electoral committee member will also be terminated, apart from the above, if the legal conditions for the mandate shall cease, if the electoral committee has established that its member is in a conflict of interest, as well as through resignation, and the revoking of the mandate. In case the delegated member of the electoral committee dies, or his/her mandate expires due to any of the above reasons, the nominating organisation, the independent candidate, or the parliamentary fraction may appoint a new member.

The President of the Republic, a state leader, the head of an administration office, a Member of Parliament, a speaker of the county assembly, a mayor, a notary, a head notary, a member of an electoral office, a public officer of an administration authority operating within the area of competence of an electoral committee, or the candidate standing for election in a constituency may not become a member of an electoral committee.

A member of the nominating organisation forwarding a candidate in the constituency or a relative of a candidate standing for election in the constituency may not be an elected member of the electoral committee.

Persons who are members of the same family may not become members of electoral committees that may enter into a decision-making, or decision overruling relationship with each other during the legal redress procedure.

The operation of the electoral committees runs parallel to the whole election process, from the collection of the official proposal coupons up to the publication of the final result.

The committees monitor the nomination of candidates, register the candidates (LEC) and the county lists (TEC). They also approve the data content of the constituency ballot papers (LEC and TEC). Complaints lodged during the legal redress procedure are decided upon by them as well.

The vote counting boards conduct the election in their respective polling stations, and ensure the legality of voting. They count the votes and keep minutes of the polling station result of the voting.

The LEC and the TEC establish and publish the result of the election by aggregating the polling station results as determined by the vote counting boards. The electoral boards judge upon complaints against the election result.

After establishing the legal result the electoral committees hand out the letters of appointment to representatives receiving a mandate. Thus the LEC hands out letters of appointment to the mayor, the representatives and the members of the local minority self-government, and the TEC to the members of the County Assembly, as well as to the members of the Capital Assembly and the Mayor in the capital city.

The electoral committees are considered to be authorities during the term of their operation, and their members are therefore officials. The committee operates as a body; the validity of its resolution supposes the presence of the majority of its members and the majority vote of those members present. The electoral committee is represented by its Chairman.

With the exception of vote counting boards there is an electoral office working beside each electoral committee, which carries out organisation and administrative tasks connected with the preparation, organisation and conducting of elections. One member of the local electoral office works beside the vote counting boards as the minute-keeper.

The National Electoral Committee (NEC) is the highest level electoral committee. It is the most important guardian of the legality and fairness of elections.

The NEC has a wide range of legal competence. The NEC may issue its position in the interest of the uniform interpretation of legal regulations pertaining to election, and that of the formulation of uniform legal practice, such must be published in the Hungarian Gazette. The NEC enters nominating organisations forwarding candidates and lists in more than one county into registration, in the case of legal violation may annul the result of the election, passes judgement on complaints handed in to it, establishes and publishes the national aggregate result of the election, and finally reports to Parliament on the elections.

Petitions addressed to the NEC may be filed in writing – with the simultaneous indication of evidence – at the mailing address of 1450 Budapest, Pf.: 81, or in person at Páfrány utca 9. in the 2^nd District of Budapest. The NEC decides upon cases presented to it at its following session. The sessions of the NEC are open to the public, members of the press and anyone interested in them may be present.

The aim of municipal government elections is for the new municipal governments to be elected in the settlements and counties of Hungary, and also for the capital city to establish its own new municipal governments, as well as to elect the local minority self-governments.

Municipal government elections consist of one round.

The system of electing municipal governments is comprised of differing elements according to settlement types – thus it is aligned to the country's settlement structure.

• the representatives of the municipal government assembly are elected via the small-list system;
• the mayor is elected directly;
• votes are cast on the representatives of the county municipal government in the framework of list election;
• the local minority self-government is elected through local minority self-government small-list election.

The listed election elements mean a separate ballot paper each, thus in settlements with a population of 10 000 or less voters cast their votes using at least 4 ballot papers. In settlements where minorities do not initiate the election of the local minority self-government, or such is not posted, or the required number of candidates are not forwarded, there shall not be such an election, therefore but 3 ballot papers will be handed out to every voter.

In the case of the required number of minority representatives receiving a mandate during the election of municipal government representatives, a local minority self-government may be established indirectly, or the municipal government of the settlement may be transformed into a minority settlement municipal government.

Settlements delegate electors for the election of the national minority self-governments (minority representatives, advocates and elected electors).

• a part of the municipal government assembly is elected in the individual constituency system, one representative in each individual constituency;
• the other part of the municipal government assembly is elected on the settlement level compensation and minority compensation list. Compensation lists receive the surplus votes of the individual constituencies, therefore these settlements do not use the settlement municipal government list ballot paper;
• the mayor is elected directly;
• votes are cast on the representatives of the county municipal government in the framework of list election;
• the local minority self-government is elected through local minority self-government small-list election.

The election elements listed mean a separate ballot paper each – with the exception of the settlement level compensation list election –, therefore in settlements with a population exceeding 10 000 voters cast their votes using not more than 4 ballot papers.

• in settlements where the minorities do not initiate the election of the local minority self-government, or such is not held on account of an insufficient number of candidates, thus without such an election each voter receives one less ballot paper;
• in towns with county jurisdiction – as they do not fall under the competence of the county assembly – votes are not cast on the county assembly, therefore the number of ballot papers is one less.

In the case of the required number of minority representatives receiving a mandate during the election of municipal government representatives, a local minority self-government may be established indirectly, or the municipal government of the settlement may be transformed into a minority settlement municipal government.

Settlements delegate electors for the election of the national minority self-governments (minority representatives, advocates and elected electors).

• a part of the municipal government assembly is elected in the individual constituency system, one representative in each individual constituency;
• the other part of the municipal government assembly is elected on the district level compensation and minority compensation list. Compensation lists receive the surplus votes of the individual constituencies, therefore districts do not use municipal government list ballot papers;
• the mayor is elected directly;
• votes are cast on the representatives of the Capital Municipal Government in the framework of list elections;
• the local minority self-government is elected in the framework of local minority self-government small-list elections;
• the Lord Mayor is elected directly.

The listed election elements – with the exception of the district level compensation list election – mean a separate ballot paper each, thus voters in the capital districts cast their votes using a maximum of 5 ballot papers.

In districts where the minorities do not initiate the election of the local minority self-government, or such is not held on account of an insufficient number of candidates, thus without such an election each voter receives one less ballot paper.

In the case of the required number of minority representatives receiving a mandate during the election of municipal government representatives, a local minority self-government may be established indirectly, or the municipal government of the settlement may be transformed into a minority settlement municipal government.

The districts delegate electors for the election of the capital and national minority self-governments (minority representatives, advocates and elected electors).

The election of county municipal governments, as may be seen from the above, takes place by list elections. Counties are divided into two constituencies for the purposes of the election, the first constituency is comprised of the small settlements in the county (those with a population of 10 000 or less), the second entails the larger settlements, the latter, however, does not contain the towns with county jurisdiction. Each county seat, as well as the towns of Dunaújváros, Hódmezővásárhely, Nagykanizsa and Sopron are towns with county jurisdiction. Nominating organisations forward a list in both constituencies, but two different ones, so the candidates included on the lists are not identical.

Representatives of the capital municipal government are elected off capital lists, while the Lord Mayor is elected directly. The capital city counts as a single constituency for the purposes of these two elections.

Following municipal government elections the capital and the national minority self-governments may be elected for each minority, in the form of election by electors.

The law limits the number of places where a citizen may be a candidate. One person may accept one nomination each for representative, mayor, local minority self-government, as well as one for the county or metropolitan list and one for Lord Mayor. The voter may appear, apart from the above, on a settlement compensation list, and may subsequently stand for election to the capital and national minority self-government.

The law in some instances allows for or proscribes candidates standing for election in more than one place to simultaneously receive multiple mandates, or prescribes obligatory choosing.

During municipal government elections the announcement of preliminary data and the computer system supporting the final legal result is not distinguished to the extent seen at the parliamentary elections. Following the announcement of the preliminary results the informative vote aggregation system operating through the evening after Election Day switches its operating mode to aid the determination of the final legal result. With regard to data files the final legal result relies upon the data gathered during the informative vote aggregation, provided that it will be amended with the data not collected throughout the night following election day, and that the data established by electoral organs and recorded in the official minutes as they are after the completion of legal redress procedures will be transferred to it.

The complete system of election and each of its elements is one round, but in certain instances the election procedure or a part thereof may be repeated on the basis of a decision reached through legal redress. Such a repetition may be called for by a decision of the local or territorial electoral committee, the NEC, as well as that of the county or capital court, or the Supreme Court.

During the mayoral election the whole of the settlement (capital district) shall constitute a single constituency.

Elections may not be held if there are no candidates. In such a case by-elections are to be held.

Voters may cast their votes on one candidate. The candidate receiving the greatest number of votes will receive the mandate. The election shall be unsuccessful if there is an equality of votes and by-elections must be held.

The whole of the settlement with a population of 10 000 or less constitutes a single constituency in which a number of candidates prescribed by law are to be elected (small-list election).

Elections may not be held if a smaller number of candidates are standing for election than the number of representatives to be elected. In such a case by-elections are to be held.

Voters may cast their votes on a number of candidates that is not greater than the number of representatives who may be elected. Candidates receiving the greatest number of votes shall receive a mandate. If during the course of distributing the mandates not every mandate may be issued due to an equality of votes, then the distribution of mandates is decided by drawing lots.

If a candidate standing for election on the small-list is elected mayor in the same settlement, then s/he is stricken from the small-list and his/her place taken by the candidate who received the next greatest number of votes.

A candidate who does not receive any votes may not become a representative. If a smaller number of representatives are elected than the possible number of representatives who may be elected, then by-elections must be held for the vacant mandates.

In the case none of the candidates who belong to a given minority receive a mandate half of the votes cast on the representative who received his/her mandate with the smallest number of votes has to be calculated. If any of the candidates of a given minority received a greater number of votes than that, then the mandate is issued. If there are more than one such candidates, then the minority candidate who received the greatest number of votes obtains the mandate (if there is an equality of votes, lots are drawn). The number of the representative assembly is increased by such a mandate.

In settlements with a population greater than 10 000 and in the capital districts representatives are elected by the mixed system of election. Some of the representatives are elected in single mandate constituencies, others on the compensation list.

1. The area of the settlement (capital district) is divided into the number of individual constituencies determined by law. One representative can be elected in each of the constituencies. The election may not be held in an individual constituency in which there are no candidates. In this case by-elections will be posted. Voters may cast their votes on one candidate. The candidate receiving the greatest number of votes will win the mandate. In the case of an equality of votes the election is unsuccessful and by-elections are to be held.
2. Nominating organisations receive mandates off the compensation lists on the basis of the surplus votes generated in individual constituencies. The number of mandates that may be won off the compensation lists is determined by law.

As a first step in distributing the mandates the number of surplus votes allotted to the various compensation lists must be established. Votes cast on the nominating organisation's candidate who did not receive a mandate count as surplus votes.

Votes cast on common candidates of nominating organisations may be counted as surplus votes on the common list of the same nominating organisations. If there is a common candidate, but no common list, then the surplus votes generated by the common candidate are added to the individual compensation lists of the nominating organisations.

The number of surplus votes depends on the number of nominating organisations forwarding the common candidate. The number of votes cast on the common candidate must be divided by the number of nominating organisations involved, and the integer portion of this quotient will be the number of surplus votes received by the compensation lists of the various nominating organisations.

• a table has to be compiled, in which a column of numbers is created under the name of each list. The first number in the column of numbers shall be the number of surplus votes cast on the given list divided by 1.5, the following numbers a third, a fifth, a seventh, etc. thereof;
• the greatest number occurring in the table is sought, and the list under which it was found shall receive a mandate. Then the next greatest number has to be found, the list in whose column it appears receives the next mandate. This procedure is repeated until there are no mandates left. If during the search there is an equality of greatest occurring numbers in the table, then the list that up to that time has not received a mandate, or has not received as many mandates, should there be an equality in this respect then the list that was allocated the smallest ordinal number during the drawing of such, shall receive a mandate.

If a compensation list shall receive a greater number of mandates than the number of candidates appearing on the list, then the remaining mandates shall remain vacant.

Candidates on the compensation list shall receive mandates won on the list in the order of they appear on the list.

If candidates on a compensation list are elected as mayor or receive a mandate in an individual constituency within the same settlement, then they are stricken from the list, and their place is taken by the candidate succeeding them on the list. In the case of candidates in Budapest receiving a mandate from both a compensation list and a capital list, then they must declare which mandate they are to accept and their name shall be stricken from the other list, and their place is taken by the candidate succeeding them.

Candidates on the minority compensation list receive mandates in the order of surplus votes acquired in the individual constituencies. Should an equality of votes occur, the prior drawing of lots is conclusive.

The minority compensation list may also receive mandates in a preferential manner. If during the distribution of mandates as described above the compensation list of some minority does not receive a mandate, the smallest number still eligible for a mandate off the compensation list is sought. Should the compensation list obtain more surplus votes than one quarter of this number, the list receives a preferential mandate. The number of the representative assembly is increased by this mandate.

The election of the county assembly takes place in two constituencies. One constituency comprises of settlements in the county with a population of 10 000 or less, the other of ones whose population exceeds 10 000 (with the exception of the towns with county jurisdiction). The number of mandates obtainable off the county list is determined by law, depending on the population of the county and with respect to both constituencies.

The distribution of mandates has to be done independent of each other in the two constituencies.

As the first step in distributing the mandates the number of votes allocated to each list has to be determined. A list that does not obtain over 4 % of all the validly cast votes in the constituency may not take part in the distribution of mandates.

• a table has to be compiled, in which a column of numbers is created under the name of each list. The first number in the column of numbers shall be the number of surplus votes cast on the given list divided by 1.5, the following numbers a third, a fifth, a seventh, etc. thereof;
• the greatest number occurring in the table is sought, and the list under which it was found shall receive a mandate. Then the next greatest number has to be found, the list in whose column it appears receives the next mandate. This procedure is repeated until there are no mandates left. If during the search there is an equality of greatest occurring numbers in the table, then the list that up to that time has not received a mandate, or has not received as many mandates, should there be an equality in this respect then the list that was allocated the smallest ordinal number during the drawing of such, shall receive a mandate.

If a list shall receive a greater number of mandates than the number of candidates appearing on the list, then the remaining mandates shall remain vacant.

Candidates on the compensation list shall receive mandates won on the list in the order of they appear on the list.

The capital city constitutes a single constituency, the number of mandates available is 66.

As the first step in distributing the mandates the number of votes allocated to each list has to be determined. A list that does not obtain over 4 % of all the validly cast votes in the constituency may not take part in the distribution of mandates.

• a table has to be compiled, in which a column of numbers is created under the name of each list. The first number in the column of numbers shall be the number of surplus votes cast on the given list divided by 1.5, the following numbers a third, a fifth, a seventh, etc. thereof;
• the greatest number occurring in the table is sought, and the list under which it was found shall receive a mandate. Then the next greatest number has to be found, the list in whose column it appears receives the next mandate. This procedure is repeated until there are no mandates left. If during the search there is an equality of greatest occurring numbers in the table, then the list that up to that time has not received a mandate, or has not received as many mandates, should there be an equality in this respect then the list that was allocated the smallest ordinal number during the drawing of such, shall receive a mandate.

If a list shall receive a greater number of mandates than the number of candidates appearing on the list, then the remaining mandates shall remain vacant.

Candidates on the compensation list shall receive mandates won on the list in the order of they appear on the list.

In the case of candidates in Budapest receiving a mandate from both a compensation list and a capital list, then they must declare which mandate they are to accept and their name shall be stricken from the other list, and their place is taken by the candidate succeeding them.

The capital city as a whole constitutes a single constituency for the election of the Lord Mayor.

The election cannot be held without a candidate. In this case a by-election is conducted.

Voters may cast their votes on one candidate. The candidate who receives the greatest number of votes will obtain the mandate. Should there be an equality of votes the election will be unsuccessful and a by-election is conducted.

Local minority self-government can elected during the time of the general municipal government elections in settlements (capital districts) where this was initiated by the minorities. There are ten days available for such initiation following the posting of the general elections. The posting of the minority election may be initiated by at least five voters holding a place of residence in the settlement (capital district), at the local electoral committee.

The election is posted by the local electoral committee if the initiation conforms to the legal requirements.

The election of local minority self-governments is conducted using the small-list election system for each minority involved.

The election cannot be held if there are less candidates standing for election than the number of representatives who may be elected (3 in settlements with a population of 1 300 or less, 5 in larger settlements and districts in the capital city). This condition must obviously be examined separately for each minority.

The settlement (capital district) as a whole constitutes a single constituency. One ballot paper contains the lists of every minority, in separate columns according to minority, in the order established during a preliminary drawing of lots.

Voters may cast their votes on one minority, and a number of candidates within its column equalling the number of representatives who may be elected.

The election is successful with respect to the minority whose candidates receive at least 50 valid votes from voters in settlements with a population of 10 000 or less, or at least 100 in settlements with a population exceeding 10 000 and the capital districts.

Candidates receiving the greatest number of votes obtain the mandates. If during the distribution of mandates not all mandates can be issued due to an equality of votes lots are drawn to decide which candidates obtain a mandate.

A candidate who does not receive any votes may not become a representative. In case a smaller number of representatives are elected than the number that may be elected, then the minority self-government may function with less representatives, provided that the number of representatives may not be less than three.

Act C. of 1997 on the Electoral Procedure distinguishes two forms of legal redress: objection and complaint. These two legal redress devices can be distinguished by the source of the offence that constitutes the subject of the legal remedy.

An objection may be raised against decisions brought by electoral organs (e.g. the rejection of a voter, judgement on a complaint), while a complaint may be raised against the activities of other organs or persons (e.g. the violation of campaign silence). Common to both forms is that they may only be made on the presumption of a violation of the law. A simple damage of interest is not sufficient grounds to turn to legal redress. The two legal redress devices are termed in summary as complaint in the Act.

According to the general rules of legal remedies election related legal redress – with the exception of legal redress against a non-appeal decision brought by the NEC – has two-levels, the lower court being the electoral committee, the second the court. The legal redress forums of the election procedure are as follows:

• Objections against decisions made by the vote counting boards pertaining to the conduct of voting, the maintenance of the legal order of elections, as well as disputed issues raised during balloting are judged by the competent local or territorial electoral committee. The forum conducting proceedings is determined by whether the objection was raised in connection with the election of a representative, mayor, the minority, the county/assembly, or Lord Mayoral election. In settlements with one constituency objections raised against the local electoral committees that fulfil the duties of vote counting boards are decided upon by the territorial electoral committee (at the first level).
• An objection against a non-appellate decision of the local electoral committee is decided upon by the competent territorial electoral committee (at the first level).
• An objection against a non-appellate decision of the territorial electoral committee is decided upon by the National Electoral Committee (at the first level).
• An objection against an appellate decision of the local electoral committee or the territorial electoral committee is decided upon by the capital or county court (on appeal).
• An objection against any decision made by the National Electoral Committee is decided upon by the Supreme Court.. No further appeals may be made against the decision of the Supreme Court.

Complaints and an objection against a decision brought have to be addressed to the electoral committee competent to judge them, other objections have to be addressed to the electoral committee that brought the objected decision. Complaints and objections have to filed by no later than within three days of the objected activity or bringing of decision. The objection has to include indication of evidence of the legal violation and the mailing address of the person filing the objection. Objections filed in an improper manner must be rejected by the electoral committee without meritable examination.

The electoral committee introduces the received objection, along with the documents connected to the case, to the electoral committee with competence to arbitrate it, or to the court no later than the day after having received it.

The electoral committee or court arbitrating the objection reaches its decision within three days of receiving the filed objection.

The electoral committee may give an audience to the person presenting the objection. In this case the party of opposing interest must also be provided with an opportunity to give a personal statement.

The court brings its resolution on the objection in non-contentious proceedings, by three full-time judges. Legal representation is mandatory in the court proceedings. The court may give an audience to a representative of the electoral committee that brought the resolution contended by the objection, or the person filing the objection.

The organ arbitrating the objection may alter a decision violating the law by sustaining the objection in its own decision. The other possibility is when a decision in violation of the law is annulled and the election process has been repeated in part (e.g. balloting) or as a whole.

The electoral committee and court resolution has to be communicated to everyone involved as well as the competent electoral committee on the day it is passed. No further appeal may be made against a court decision.

General regulations on legal redress are to be applied to an electoral committee decision establishing result with the following alterations.

An objection against a vote counting board decision establishing a polling ward result may only be made along with an objection against the electoral committee (LEC or TEC) decision determining the election result. Therefore an objection against a vote counting board decision establishing a polling station result may not be filed directly, rather the vote counting board decision that establishes the polling station result being in violation of the law may be the grounds for an objection against an electoral committee decision determining the election result.

The electoral committee (LEC or TEC) being in violation of the rules of vote aggregation or mandate distribution may also be the grounds for an objection against an electoral committee decision determining the election result apart from a vote counting board decision that establishes a polling station result being in violation of the law.

The deadlines set for the filing and arbitration of objections against decisions establishing the election result are considerably shorter than is the case with other objections. In such cases the objection must be filed in a way so that it arrives at the electoral committee that brought the objected decision by no later than the day after such decision is made.

The electoral committee competent to arbitrate the objection brings its decision pertaining to the objection no later than the day after such is received. Further objection against the electoral committee must be filed so that it reaches the electoral committee that brought the objected decision by no later than the day after such decision is made. The court brings its decision on the objection appeal no later than the day after such is reached.

During the election of municipal government representatives in settlements with a population of 10 000 or less – should none of the candidates of a given minority win a mandate off the small-list election – it is possible to obtain preferential mandates if a candidate receives at least one half the votes cast on the representative who obtains his/her mandate with the smallest number of votes. Such a preferential representative's mandate is added to the original number of representatives in the representative board; the legal standing of the minority representative is identical to the rights and obligations of the other representatives. Each minority is entitled to this allowance individually.

Minorities may forward preferential lists in settlements whose population is greater than 10 000. While only parties and social organisations that can forward candidates in one quarter of the individual constituencies may forward a list, minorities are not constrained by this requirement. The minority list is created on the force of law, all minority candidates (candidates of a minority organisation or independent candidates) appears on it according to minority, minority candidates, furthermore, may also stand for election on a common list. If, however, a given minority list does not obtain a mandate according to the general rules, then the list will still receive a mandate in case it reaches one quarter of the votes required for a mandate. Candidates receive mandates off the minority list on the basis of the votes cast on them in individual constituencies. The preferential representative's mandate is added to the original number of the representative board and the legal standing of the minority representative will be identical with the rights and obligations of the other representatives.

The minorities do not have any separate preferential allowance in the forwarding of candidates, nor during the election of the mayor, as well as that of the members of the metropolitan or county assembly, they are in the running with conditions identical to those of parties and social organisations.

Minority self-governments may be established according to the following, depending on the number of minority representatives elected to serve in settlement municipal governments:

A settlement municipal government in whose representative board more than one half of the representatives are elected as candidates of a national or ethnic minority may declare itself a minority settlement municipal government during the election of municipal government representatives.

In case at least 30 % of the municipal government representative board was elected from amongst the candidates of the same minority, these representatives may form local minority self-governments of at least 3 persons per minority (local minority self-government created indirectly henceforth).

Voters may establish local minority self-governments through direct balloting (local minority self-government created directly henceforth). The local minority self-government created directly is elected by the voters through direct balloting at the same time, yet independently of the settlement municipal governments. Minority representatives elected in this manner are members of the local minority self-government exclusively.

Act LXXVII of the year 1993 on the Rights of National and Ethnic Minorities enumerates the minorities, which may initiate the posting of the election. We have listed these minorities in the foreword.

The posting of direct minority self-government election has to be initiated in writing at the local electoral office within ten days of the setting of the settlement municipal government election. This term is preclusive, therefore it is especially important to ensure that minority organisations are informed of the need for initiation and its deadline. The election will not be posted without prior initiation.

The minority self-government election may only be posted if it was initiated by at least 5 persons residing in the settlement who consider themselves as belonging to the same minority.

The persons initiating the minority self-government election do not necessarily have to belong to any minority organisation. The act on suffrage contains no such provision, all it requires as a condition is for the initiators to consider themselves to belong to the same minority, and for them to initiate the election of a minority self-government of that minority.

As prescribed by law, one minority may only form one minority self-government within a given settlement.

The direct election of the minority self-government is posted by the local electoral committee, which also determines its terms and deadlines, as well as the result of the election.

The election must be posted 45 days prior to the election of the settlement municipal government, to take place on the same day as the latter. (The day of settlement municipal government elections is determined by the President of the Republic, and it may not be altered.) The local electoral committee (LEC henceforth) sets minority self-government elections to be conducted on October 18, 1998 provided the legal conditions are met. The LEC issues an announcement to this effect, and also ensures the informing of voters in the manner customary to the locality.

We request the initiators of national and ethnic minority elections to keep regular contact with the local electoral offices in the interest of the successful conduct of the election.

The number of the members of minority self-governments is determined by law:

• 3 persons in settlements with a population of 1 300 or less
• 5 persons in settlements with a population greater than 1 300 (including districts in the capital city).

Every voter who accepts the representation of a minority by a unilateral legal statement and collects the nominations of at least 5 citizens will be a candidate at the minority self-government elections. Nominating slips are used for nominating candidates, just as for settlement municipal government elections.

A separate ballot paper is used for the election of the minority self-government. This ballot paper contains each minority candidate, in a separate column for each minority, in alphabetical order by their names. Minorities may use their own language for the election as well. The ballot paper – if so required – can indicate the name and organisation of the candidate in the minority's language. Voters may cast a valid vote on one minority only, and on a number of candidates that does not exceed the number of the representative board within that. Candidates, who receive the greatest number of votes according to the number of representatives who may be elected – and according to the rules of small-list election – will become representatives.

The validly cast votes of at least 50 voters in settlements whose population is 10 000 or less, or that of at least 100 voters in settlements where the population exceeds 10 000 is a condition for the minority election being valid. This validity requirement exists separately for each minority, thus for example if there are German, Rumanian and gypsy minority elections as well, then 3 times 50, or 3 time 100 valid ballot papers are necessary for all three of the elections to be valid.

If as a result of nomination there were not at least as many candidates as the number of representatives who may be elected, or in case the number of valid ballot papers does not reach 50 or 100 with respect to a minority, then the minority self-government representative assembly is not formed. The next election of the representative board may be conducted in November of the year following that of the general election, provided that the posting of the election is initiated by five voters sixty days prior to the election.

Informing the public opinion and the election apparatus along with it is one of the most important tasks of the National Electoral Office besides the proper conducting of the elections.

The aim and task of its Internet-based information system is the fast, precise and authentic presentation of informative election data and results as well as making the considerable amount of information connected to the election events available in a systematic form.

We intend our services for use by voters, nominating organisations and candidates, members of public administration, and also everyone interested in Hungary and abroad, ensuring thus a wide-scale opportunity for monitoring the fairness of the election procedure.

The services of the information system contain politically unbiased and party neutral data.

We intend to achieve openness and transparency by making authentic documents available to us accessible at our web site in as short time as possible.

By providing up to date and precise information we hope that interest in the web site will be constant.

Our web pages have an extraordinary service: they "talk" minority languages. Guidelines encouraging those involved to initiate the election of local minority self-governments may thus be read in 13 languages beside Hungarian.

The publication of dynamic data is sure to draw the most attention just as before, during parliamentary elections in the spring of this year.

This service will be expanded by the continuous "broadcasting" of current information at various election event stages on October 18, 1998. We will be providing informative data on the development of voter turnout and then the current figures of vote counting during the evening hours following the opening of ballot boxes.

The contents and menu structure of the service is as follows.

The main options menu is comprised of picture graphics and textual elements. Each of the picture graphics indicates a hyperlink with various parts of the system. There is text underlying the pictures. This is aimed to provide a choice of the menu points to users not intending to download graphics.

The main areas of information may be reached by clicking on the different buttons of the menu-system on the left-hand side of our homepage, but every bit of information may be reached from the Election Web Home by one or more hyperlinks.

• Provides information for election organisations and informs minority organisations about initiating elections prior to Election Day.
• Gives informative data on voters' turnout figures and data pertaining to vote counting after the opening of ballot boxes on October 18, election day.
• Presents the official result data following the publication of the National Electoral Committee's result release resolution after the day of election.

• Acts
• National Electoral Committee resolutions
• Decrees of the Minister of Interior
• Measures taken by the head of the National Electoral Office

• Public administration map of Hungary and her counties
• Public administration map of Budapest and her districts
• Constituency map of Budapest
• The concept system of various events (referendum, election),
• A list of pertinent servers (including an invitation to visit election related web sites of various countries)
• A four language (Hungarian, English, German, French) election dictionary
• The list of officially registered parties
• Electoral Guidelines
• A list of abbreviations

E-mail: Provides an opportunity to forward questions.

The contents of the menu points listed above are being expanded continuously.

In order to be able to use the system we recommend a web browser that is HTML 3.0 compliant, and is able to run JAVA applets and JavaScript.

We configured our web service to be enjoyable with the most popular web browsers available currently. Therefore we recommend the use of Microsoft Internet Explorer release 3.0 and above (contained in MS Windows 95 and 98), or Netscape Navigator release 3.x and above.

We also suggest the use of a PC equipped with a colour SVGA monitor with its screen resolution set to at least 800x600 pixels, running the Windows 95 operating system.

Technical parameters mentioned above naturally provide the optimal configuration, the service may be reached with computers that have different characteristics nonetheless.

Article 45 of Act C of the year 1997 on the Electoral Procedure contains the rules according to which the Central Registration and Election Office, as well as the settlement notary may provide data to candidates and nominating organisations.

According to Article 45 of the Act candidates and nominating organisations may request the family and given names, as well as addresses of voters included in the register from the central bureaux of personal data and address registration or from the director of the local electoral office for the purposes of the municipal government elections of 1998.

The service requested from CREO may also be applied for broken down onto groups according to the gender, age and address of the voters. A copy of the register put on public display may at best be requested broken down according to polling wards from the settlement notary.

We suggest that candidates and nominating organisations apply for the provision of data from the register before September 28. This way the provider has an opportunity to prepare for fulfilling the service and will be able to provide it promptly after the date limit determined by the act.

The data provided may be used exclusively for the purpose of election campaigning. It is forbidden to use the data for any other purpose or to transfer it to unauthorised persons and organisations or to other candidates and nominating organisations.

The provided data must be destroyed on the day of elections – October 18, 1998 – and minutes have to be drawn up of their destruction. One copy of the minutes has to be handed over to the provider within three days – that is no later than October 21, 1998.

Article 19 of Act LXIII of the year 1992 on the Protection of Personal Data and Public Domain of Public Interest Data (the data protection act henceforth) declares that an organ fulfilling a state or local municipal government duty shall be obliged to aid the fast and precise informing of the public opinion in cases under its competence. The organs regularly publish the most important figures pertaining to their activity – either at briefings or by making them available by other means.

The acts on suffrage contain regulations pertinent to the public domain of election procedures and data in harmony with the data protection act, and furthermore determine exceptions, which are not public domain data according to the protection of personal data rights.

• the register of voters once the returning board has indicated the fact of voting on it;
• the register of those disfranchised;
• nominating slips after they have been filled out;
• the register of voters for commercial and direct marketing purposes;
• the personal identifier (personal number) and address of candidates;
• data files generated during the control of those voting twice or more;
• the election computer software.

According to the act on suffrage the publication of public domain election data is the obligation of the selected electoral committee, electoral office and public administration organ, furthermore specified documents (such as minutes) must be forwarded to the archives where they are available without limit and free of charge. The official nation-wide result of the election is published in the Hungarian Gazette.

Should a citizen, party or social organisation not wish to gather data from archives and paper, but rather obtain them as a central service on a list or computer data carrier, an allowance for expenses must be paid.

The right to an allowance for expenses in case of public administration organs is based on the provisions of paragraph (3) of Article 20 of the Data Protection Act.

This states that the head of the organ managing the data may charge an allowance for expenses in exchange for the provision of public interest data. Should the applicant request so, the amount of this charge has to be quoted.

The National Electoral Office has compiled a range of data services that it will be able to provide during the municipal government elections – taking its informatics possibilities into consideration – for an expense allowance on the basis of its experience from previous elections.

During the conducting of previous elections – simultaneously with the development of the central IT system – an "election history" database was created, which contains the data of every public election and national referendum since 1989 stored in a uniform structure.

• Election of social security representatives in 1993 (polling ward data as well),
• Referenda in 1989, 1990 and 1997 (polling ward data as well),
• Parliamentary elections in 1990, 1994 and 1998 (polling ward data as well),
• Election of local municipal government representatives, mayors and local minority self-governments in 1994 (settlement and county level result data only).

The database contains data down to the polling ward level with the exception of the election of local municipal government representatives, mayors and local minority self-governments.

A query system is also available, allowing direct data searches on the elections. The database and its query system is currently located on the Central Registration and Election Office computer.

Data may be requested from the database according to election type.

Requests are handled for:

Reviewing the results of previous elections is an important part of the election preparations for candidates and nominating organisations. The election history database available at CREO provides support in this.

On the basis of the authorisation granted by subpara. b) of para. (1) of Article 153. of Act C. of the year 1997. on the Electoral Procedure (Ve. henceforth) I shall decree the following with respect to the determination of the calendar deadlines and due dates for the election of local municipal government representatives and mayors set for October 18, 1998:

1. The register of voters shall be put on public display from August 19 to August 26, 1998. [ Ve. Art. 14. para. (1)] .
2. Notice of inclusion in the register, along with the nomination slip, shall be sent to voters between August 17 and August 21, 1998. [ Ve. Art. 14. para. (1)] .
3. A complaint may be lodged because of being excluded from the register or being included in the register from August 19, to 4 P.M. on August 26, 1998. [ Ve. Art. 82. para. (1)] .
4. Verification may be requested personally or via proxy until 4 P.M. on October 16, 1998, and by registered mail so that the request reaches the electoral office by October 13, 1998. [ Ve. Art. 104. para. (4)] .
5. The modified register may be viewed at the Mayor’s Office until 4 P.M. on October 16, 1998. [ Ve. Art. 15. para. (3)] .

This Order shall become effective on the day of its promulgation.

In my authority set forth in paragraph 29 articles (1) and (2) of Act C of the year 1997 on the election procedure I take the following measure:

1. The operation and activity of the election committees and the data – with the exceptions laid down in law – available to them are public. The publicity of the election procedure cannot offend either the secrecy of the voting or the rights related to personality and to the protection of personal data. (cp. paragraph 6 article (1) of Act C of the year 1997).
2. Similarly to press representatives the international election observers are allowed to present at the work of the electoral committees – therefore also at the work of the vote counting committees – but they cannot disturb their work (cp. paragraph 7 article (1) of Act C of the year 1997), and cannot give orders to them.
3. The chairman of the vote counting committee is responsible for maintaining order in the polling-station and its environment during the polling day. The measures made in order to maintain the order are obligatory for everybody – including the foreign election observers (cp. paragraph 65 article (1) of Act C of the year 1997).

1. to participate on briefings held for international observers;
2. to receive information matters related to Hungary and the Hungarian rules of law in Hungarian and in foreign languages;
3. to study electoral information to be found on Internet and other electronic systems;
4. on the basis of previous arrangement, to collect information on the electoral preparations at the national Electoral Office and at the county (or Budapest) electoral offices.

5.On the polling day the foreign election observer:

1. is allowed to observe on site the beginning and the process of the voting at any electoral ward selected by the observer him or herself;
2. should announce his/her intention to observe to the chairman of the vote counting committee on site;
3. is allowed to be given information about all particulars of public interest related to the voting;
4. is allowed to be present at the counting of the votes and to receive verbal information about the results;
5. in the National Election Centre is allowed to follow the arrival and processing of the partial results of the election, for this purpose is allowed to participate in press conferences, to receive preliminary information matters and to watch the development of the election results on screens;
6. is allowed to participate on the conference where the preliminary and final election results are announced in the National Election Centre.